The EU Court of Justice on the ‘relevant public’ in trademark genericisation

The EU Court of Justice (ECJ), with its decision of 6 March 2014 (Case C-409/12), shed new light on the issue of trademark genericisation by drawing the boundaries of the concept of ‘relevant public’ and by clarifying the relevance of the ‘inactivity’ of the trademark holder.

The case at issue regarded the alleged vulgarisation of the trademark ‘Kornspitz’, registered by an Austrian company for a particular kind of cereal flour and for bakery products.

According to a competitor of the trademark owner, due to the large-scale use of the ‘Kornspitz’ products among bakers in Austria, the term has become a generic designation for a characteristic bread roll, well known among consumers, thus exposing the trademark to revocation under Austrian law for loss of distinctive character…

Click on the link below to read the rest of the NCTM briefing.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from NCTM

View more briefings from NCTM

Analysis from The Lawyer

Overview

Via Agnello 12
Milan
20121
Italy
http://www.nctm.it

Turnover (€m): 77.00
Jurisdiction: Italy